PRIOR PRINTER'S NOS. 1443, 1852, 1942         PRINTER'S NO. 1968

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1112 Session of 1983


        INTRODUCED BY WILT, REIBMAN, CORMAN, SNYDER, EARLY, SHUMAKER,
           BRIGHTBILL, RHOADES, LINCOLN, HELFRICK, KELLEY, ANDREZESKI,
           MELLOW, BODACK, STAPLETON, HAGER AND HOPPER, OCTOBER 25, 1983

        AS AMENDED ON THIRD CONSIDERATION, MAY 7, 1984

                                     AN ACT

     1  Regulating the practice of speech-language pathologists,
     2     audiologists and teachers of the hearing impaired; creating
     3     the State Board of Examiners in Speech-Language and Hearing
     4     with certain powers and duties; and prescribing penalties.

     5                         TABLE OF CONTENTS
     6  Section  1.  Short title.
     7  Section  2.  Declaration of policy.
     8  Section  3.  Definitions.
     9  Section  4.  Creation of board; appointment and term of members;
    10                 officers.
    11  Section  5.  Powers and duties of board.
    12  Section  6.  License required; persons and practices not
    13                 affected; exclusions.
    14  Section  7.  Requirements for licensure.
    15  Section  8.  Application and fees.
    16  Section  9.  Examinations.
    17  Section 10.  Refusal to issue; revocation; etc.
    18  Section 11.  Hearing; restoration to practice.


     1  Section 12.  Requirement of a medical examination.
     2  Section 13.  Renewal fees; records.
     3  Section 14.  Limitation of renewal time; new license.
     4  Section 15.  Display of license.
     5  Section 16.  Certification to the board.
     6  Section 17.  Enforcement of certification to board.
     7  Section 18.  Penalties.
     8  Section 19.  Injunction against unlawful practice.
     9  Section 20.  Appropriation.
    10  Section 21.  Effective date.
    11     The General Assembly of the Commonwealth of Pennsylvania
    12  hereby enacts as follows:
    13  Section 1.  Short title.
    14     This act shall be known and may be cited as the Speech-
    15  Language and Hearing Licensure Act.
    16  Section 2.  Declaration of policy.
    17     It is declared to be the policy of the Commonwealth that, in
    18  order to safeguard the public health, safety and welfare; to
    19  protect the public from being misled by incompetent,
    20  unscrupulous and unauthorized persons; to protect the public
    21  from unprofessional conduct on the part of qualified speech-
    22  language pathologists, audiologists and teachers of the hearing
    23  impaired; and to assure the availability of the highest possible
    24  quality of speech-language and hearing services to the
    25  communicatively handicapped people of this Commonwealth, it is
    26  necessary to regulate persons offering speech-language and
    27  hearing services to the public and persons functioning under the
    28  direction of these specialists.
    29  Section 3.  Definitions.
    30     The following words and phrases when used in this act shall
    19830S1112B1968                  - 2 -

     1  have the meanings given to them in this section unless the
     2  context clearly indicates otherwise:
     3     "Audiologist."  Any person who is qualified by training and
     4  experience to engage in the practice of the evaluation,
     5  counseling, habilitation and rehabilitation of individuals whose
     6  communicative disorders center in whole or in part in the
     7  hearing function. For the purposes of this paragraph the words
     8  "habilitation" and "rehabilitation" include, but are not limited
     9  to, hearing aid evaluation, fitting, recommendation and
    10  prescription, speech reading, auditory training and similar
    11  activities. A person is deemed to be or to hold himself out as
    12  being an audiologist if he offers such services to the public
    13  under any title incorporating the words audiology, audiologist,
    14  audiological consultant, hearing consultant, aural
    15  rehabilitationist, hearing audiologist or any similar title or
    16  description of service.
    17     "Board."  The State Board of Examiners in Speech-Language and
    18  Hearing.
    19     "Person."  Any individual, organization, association,
    20  partnership, company, trust or corporate body, except that any
    21  reference in this act to a licensed person shall mean a natural
    22  individual person.
    23     "Speech-language pathologist."  Any person who is qualified
    24  by training and experience to engage in the practice of the
    25  evaluation, counseling, habilitation and rehabilitation of
    26  individuals whose communicative disorders involve the function
    27  of speech, voice or language. A person is deemed to be or to
    28  hold himself out as being a speech-language pathologist if he
    29  offers such services under any title incorporating the words
    30  speech-language pathologist, speech consultant, speech
    19830S1112B1968                  - 3 -

     1  therapist, speech correctionist, speech clinician, speech
     2  specialist, language pathologist, logopedist, communication
     3  therapist, voice therapist, aphasia therapist, aphasiologist,
     4  communicologist, or any similar title or description of service.
     5     "Teacher of the hearing impaired."  Any person who is
     6  qualified by training and experience to engage in the practice
     7  of providing evaluation and instruction in curriculum-based
     8  material and communication skills appropriate for individuals
     9  whose cognitive and educational development have been affected
    10  primarily by impaired hearing sensitivity. A person is deemed to
    11  be or to hold himself out as being a teacher of the hearing
    12  impaired if he offers such services under any title
    13  incorporating the words teacher of the hearing impaired, teacher
    14  of the acoustically handicapped, teacher of the deaf, teacher of
    15  the acoustically impaired, hearing teacher, teacher of the
    16  aurally handicapped, hearing tutor, tutor of the auditorily
    17  impaired, educator of the deaf or any similar title or
    18  description of service.
    19  Section 4.  Creation of board; appointment and term of members;
    20                 officers.
    21     (a)  Board created.--There is hereby created a departmental
    22  administrative board to be known as the State Board of Examiners
    23  in Speech-Language and Hearing which shall be in the Bureau of
    24  Professional and Occupational Affairs of the Department of
    25  State. It shall consist of ten members, nine of whom shall be
    26  appointed by the Governor, by and with the advice and consent of
    27  a majority of the members elected to the Senate, who shall be
    28  residents of Pennsylvania for a three-year period immediately
    29  prior to appointment. The Commissioner of Professional and
    30  Occupational Affairs shall serve in his official capacity as the
    19830S1112B1968                  - 4 -

     1  tenth member of the board. At the first meeting the appointed
     2  members shall determine by lot, three members to serve three-
     3  year terms, three members to serve two-year terms and three
     4  members to serve one-year terms with the exception of the
     5  Commissioner.
     6     (b)  Vacancies.--When the term of each appointed member of
     7  the board ends, the Governor shall appoint his successor for a
     8  term of three years, by and with the advice and consent of a
     9  majority of the members elected to the Senate. Any appointive
    10  vacancy occurring on the board shall be filled by the Governor
    11  by appointment for the unexpired term, by and with the advice
    12  and consent of a majority of the members elected to the Senate.
    13  Board members shall continue to serve until their successors are
    14  appointed and qualified BUT NOT LONGER THAN SIX MONTHS BEYOND     <--
    15  THE THREE-YEAR PERIOD.
    16     (c)  Qualifications of board.--The board shall consist of the
    17  Commissioner of the Bureau of Professional and Occupational
    18  Affairs, one member who at the time of appointment is engaged in
    19  rendering professional services in speech-language pathology,
    20  one member who at the time of appointment is engaged in
    21  rendering professional services in audiology, one member who at
    22  the time of appointment is engaged in rendering professional
    23  services as a teacher of the hearing impaired, two members at
    24  large who are either speech-language pathologists, audiologists
    25  or teachers of the hearing impaired, however, each profession
    26  shall not be represented by more than two board members, two
    27  members who are physicians licensed to practice medicine in this
    28  Commonwealth, at least one of whom specializes in
    29  otolaryngology, and two members of the public appointed by the
    30  Governor from nominations submitted by the governing boards of
    19830S1112B1968                  - 5 -

     1  groups advocating for the welfare of the speech-language and
     2  hearing handicapped. Of the initial members, the speech-language
     3  pathologists, audiologists and teachers of the hearing impaired
     4  shall possess the necessary qualifications for licensure under
     5  this act. Thereafter, the members of the board who are speech-
     6  language pathologists, audiologists and teachers of the hearing
     7  impaired shall be licensed under this act. No public member
     8  appointed under the provisions of this section shall be
     9  affiliated in any manner with professions or occupations
    10  providing health or corrective communications services or
    11  products to communicatively impaired persons. The public members
    12  shall be qualified pursuant to law, including section 813 of the
    13  act of April 9, 1929 (P.L.177, No.175), known as The
    14  Administrative Code of 1929. In addition, no member of the board
    15  shall at the same time be an officer or agent of any Statewide
    16  association or organization representing the professions or
    17  occupations under the jurisdiction of this board.
    18     (d)  Reappointment.--A member of the board shall be eligible
    19  for reappointment. A member shall not be appointed to serve more
    20  than two consecutive terms.
    21     (e)  Compensation; expenses.--The members of the board, other
    22  than the Commissioner of Professional and Occupational Affairs,
    23  shall receive reimbursement for reasonable TRAVEL, HOTEL AND      <--
    24  OTHER NECESSARY expenses and $60 per diem when actually engaged
    25  in the performance of their official duties.
    26     (f)  Meetings of board.--The board shall hold a meeting
    27  within 150 days after the effective date of this act and
    28  annually thereafter in the month prescribed by the board and
    29  elect a chairman, vice chairman and secretary who shall be
    30  members of the board. The board shall meet at such other times
    19830S1112B1968                  - 6 -

     1  as deemed necessary and advisable by the chairman or by a
     2  majority of its members. Reasonable notice of all meetings shall
     3  be given in the manner prescribed by the board. A majority of
     4  the board shall constitute a quorum at any meeting or hearing.
     5  Section 5.  Powers and duties of board.
     6     The board shall have the power and its duties shall be:
     7         (1)  To approve the qualifications and fitness of
     8     applicants for licensure, and to adopt and revise rules and
     9     regulations requiring applicants to pass examinations
    10     relating to their qualifications as a prerequisite to the
    11     issuance of a license.
    12         (2)  To adopt and revise rules and regulations consistent
    13     with the law as may be necessary to implement the provisions
    14     of this act. These rules and regulations shall include, but
    15     not be limited to, codes of ethics for speech-language
    16     pathologists, audiologists and teachers of the hearing
    17     impaired. The codes of ethics shall provide further that
    18     whereas speech-language pathologists, audiologists and
    19     teachers of the hearing impaired provide nonmedical and
    20     nonsurgical services, medical diagnosis and medical treatment
    21     by these persons are specifically to be considered unethical
    22     and illegal.
    23         (3)  To examine for, deny, approve, issue, revoke,
    24     suspend or renew the licenses of speech-language pathologist,
    25     audiologist and teacher of the hearing impaired applicants.
    26         (4)  To conduct hearings upon complaints of violations of
    27     this act and the rules and regulations adopted pursuant to
    28     this act, and to prosecute and enjoin all such violations.
    29         (5)  To spend funds necessary for the proper performance
    30     of its assigned duties in accordance with the fiscal and
    19830S1112B1968                  - 7 -

     1     other laws of this Commonwealth and upon approval by the
     2     Commissioner of Professional and Occupational Affairs.
     3         (6)  To waive examination and educational requirements
     4     and grant a license as provided in sections 6 and 7.
     5         (7)  To establish standards of eligibility for license
     6     renewal.
     7         (8)  To promulgate rules and regulations regarding
     8     persons functioning under the direction of audiologists,
     9     speech-language pathologists and teachers of the hearing
    10     impaired.
    11  Section 6.  License required; persons and practices not
    12                 affected; exclusions.
    13     (a)  Licenses.--Except as provided in subsection (b), no
    14  person may practice or hold himself out as being able to
    15  practice as an audiologist, speech-language pathologist or
    16  teacher of the hearing impaired in this Commonwealth unless he
    17  holds a current, unsuspended, unrevoked license issued by the
    18  board. Licensure shall be granted separately in speech-language
    19  pathology, audiology and teaching of the hearing impaired.
    20     (b)  Exclusions.--Nothing in this act shall be construed as
    21  preventing or restricting:
    22         (1)  Any person licensed or registered in this
    23     Commonwealth from engaging in the profession or occupation
    24     for which he is licensed or registered, including:
    25             (i)  A physician or surgeon from engaging in the
    26         practice of medicine.
    27             (ii)  A licensed physician or surgeon or a trained
    28         individual under the direction of a licensed physician
    29         from doing hearing testing in the office or clinic of the
    30         physician.
    19830S1112B1968                  - 8 -

     1             (iii)  A hearing aid dealer from engaging in the
     2         business of selling and fitting hearing aids, as provided
     3         in the act of November 24, 1976 (P.L.1182, No.262), known
     4         as the Hearing Aid Sales Registration Law.
     5         (2)  A person who holds a valid credential issued by the
     6     Department of Education in the area of speech or hearing and
     7     who is employed in public or private elementary and secondary
     8     schools approved by the Department of Education or chartered
     9     by the Commonwealth, or a person who is employed by the
    10     Commonwealth or the Federal Government as a speech-language
    11     pathologist, audiologist or teacher of the hearing impaired
    12     from engaging in his profession or occupation, if the person
    13     performs his services solely within the scope of his
    14     employment, or a person performing hearing testing under
    15     section 1402 of the act of March 10, 1949 (P.L.30, No.14),
    16     known as the Public School Code of 1949.
    17         (3)  The activities of a student or trainee who is
    18     pursuing a program of study supervised by a person licensed
    19     under this act or otherwise exempt by this section which lead
    20     to a degree in audiology, teaching the hearing impaired or
    21     speech-language pathology at an accredited college or
    22     university, if such individual is designated by a title
    23     clearly indicating his student or training status.
    24         (4)  The practice of speech-language pathology, audiology
    25     or teaching the hearing impaired in this Commonwealth by any
    26     person not a resident of this Commonwealth who is not
    27     licensed under this act if the person meets the
    28     qualifications and requirements for licensure described in
    29     section 7, or who is licensed under the law of another state
    30     having licensure requirements determined by the board to be
    19830S1112B1968                  - 9 -

     1     at least equivalent to those established by section 7, and if
     2     the services are performed for no more than five days in any
     3     calendar year in cooperation with a speech-language
     4     pathologist, audiologist or teacher of the hearing impaired
     5     licensed under this act.
     6         (5)  A corporation, partnership, trust, association,
     7     company or other similar form of organization from engaging
     8     in the practice of speech-language pathology, audiology or
     9     teaching the hearing impaired without a license if it employs
    10     licensed individuals in the direct practice of speech-
    11     language pathology, audiology or teaching the hearing
    12     impaired.
    13  Section 7.  Requirements for licensure.
    14     (a)  In general.--Except as provided in subsections (b) and
    15  (c), to be eligible for licensure by the board as a speech-
    16  language pathologist, audiologist or teacher of the hearing
    17  impaired, an applicant shall pay a fee as established by the
    18  board after consultation with the commissioner IN ACCORDANCE      <--
    19  WITH SECTION 8(A), be of good moral character to the
    20  satisfaction of the board, pass an examination and:
    21         (1)  For the license in speech-language pathology,
    22     possess a master's degree in speech-language pathology or its
    23     equivalent from an accredited academic institution. In
    24     addition, the applicant must have at least one year of
    25     supervised professional experience in the field of speech-
    26     language pathology.
    27         (2)  For the license in audiology, possess a master's
    28     degree in audiology or its equivalent from an accredited
    29     academic institution. In addition, the applicant must have at
    30     least one year of supervised professional experience in the
    19830S1112B1968                 - 10 -

     1     field of audiology.
     2         (3)  For licensure as a teacher of the hearing impaired,
     3     possess a master's degree in education of the hearing
     4     impaired or its equivalent from an accredited academic
     5     institution. In addition, the applicant must have at least
     6     one year of supervised professional experience in the field
     7     of teaching the hearing impaired.
     8     (b)  Waivers.--The board may waive the examination and
     9  educational requirements for any of the following:
    10         (1)  Applicants who present proof of current
    11     certification or licensure in a state which has standards
    12     determined by the board to be at least equal to those for
    13     licensure in this Commonwealth.
    14         (2)  Applicants who hold a currently valid and
    15     appropriate Certificate of Clinical Competence from the
    16     Council of Professional Standards of the American Speech-
    17     Language and Hearing Association.
    18         (3)  Applicants who hold a currently valid professional
    19     certificate issued by the Council on Education of the Deaf in
    20     compliance with its standards for the certification of
    21     teachers of the hearing impaired and who have completed an
    22     additional ten graduate academic credits established by the
    23     board to be appropriate for licensure as a teacher of the
    24     hearing impaired.
    25     (c)  Requirements for current practitioners.--The board shall
    26  waive the examination and educational requirements for any
    27  applicant who, on the effective date of this act:
    28         (1)  has at least a bachelor's degree with a major in
    29     speech-language pathology, audiology or teaching the hearing
    30     impaired from an accredited college or university, and who
    19830S1112B1968                 - 11 -

     1     has been employed as a speech-language pathologist,
     2     audiologist or teacher of the hearing impaired for at least
     3     nine consecutive months within three years prior to the
     4     effective date of this act; and
     5         (2)  files an application with the board providing bona
     6     fide proof of the degree and employment together with the
     7     application fee prescribed in section 8.
     8  Section 8.  Application and fees.
     9     (a)  Fee.--An application for examination and license shall
    10  be accompanied by a nonrefundable application AND EXAMINATION     <--
    11  fee in an amount established by the board after consultation      <--
    12  with the commissioner. BY REGULATION AND SHALL BE SUBJECT TO      <--
    13  REVIEW IN ACCORDANCE WITH THE ACT OF JUNE 25, 1982 (P.L.633,
    14  NO.181), KNOWN AS THE REGULATORY REVIEW ACT. IF THE REVENUES
    15  GENERATED BY FEES, FINES AND CIVIL PENALTIES IMPOSED IN
    16  ACCORDANCE WITH THE PROVISIONS OF THIS ACT ARE NOT SUFFICIENT TO
    17  MATCH EXPENDITURES OVER A TWO-YEAR PERIOD, THE BOARD SHALL
    18  INCREASE THOSE FEES BY REGULATION, SUBJECT TO REVIEW IN
    19  ACCORDANCE WITH THE REGULATORY REVIEW ACT, SUCH THAT THE
    20  PROJECTED REVENUES WILL MEET OR EXCEED PROJECTED EXPENDITURES.
    21  IF THE BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS
    22  DETERMINES THAT FEES ESTABLISHED BY THE BOARD ARE INADEQUATE TO
    23  MEET THE MINIMUM ENFORCEMENT EFFORTS REQUIRED, THEN THE BUREAU,
    24  AFTER CONSULTATION WITH THE BOARD, SHALL INCREASE THE FEES BY
    25  REGULATION, SUBJECT TO REVIEW IN ACCORDANCE WITH THE REGULATORY
    26  REVIEW ACT, SUCH THAT ADEQUATE REVENUES ARE RAISED TO MEET THE
    27  REQUIRED ENFORCEMENT EFFORT.
    28     (b)  Affidavit.--Each application shall be accompanied by an
    29  affidavit or affirmation of the applicant as to its verity. Any
    30  applicant who knowingly or willfully makes a false statement in
    19830S1112B1968                 - 12 -

     1  his application shall be subject to prosecution for perjury.
     2     (c)  Examinations.--The board shall offer at least two
     3  examinations for licensure each year. Notice of examinations
     4  shall be given at least 60 days prior to their administration.
     5     (d)  Record of examination scores.--The board shall maintain
     6  a permanent record of all examination scores.
     7     (e)  Disposition and use of fees.--Fees shall be collected by
     8  the board through the Bureau of Professional and Occupational
     9  Affairs and shall be paid into the Professional Licensure
    10  Augmentation Account established pursuant to and for use in
    11  accordance with the act of July 1, 1978 (P.L.700, No.124), known
    12  as the Bureau of Professional and Occupational Affairs Fee Act.
    13  Section 9.  Examinations.
    14     (a)  Preparation of examinations.--All written examinations
    15  shall be prepared and administered by a qualified professional
    16  testing organization under contract with the Bureau of
    17  Professional and Occupational Affairs and approved by the board,
    18  except that national uniform examinations or grading services or
    19  both shall be used if available. No board member shall have a
    20  financial interest in a professional testing organization. This
    21  section shall not apply to any oral, practical or other
    22  nonwritten examination which may be required by the board.
    23     (b)  Cost of examinations.--The board shall have the           <--
    24  discretionary power to charge a fee after consultation with the
    25  commissioner for the cost of each examination. The purpose of
    26  this fee THE PURPOSE OF THE EXAMINATION FEE WHICH IS TO BE        <--
    27  ESTABLISHED IN ACCORDANCE WITH SECTION 8(A) is to insure that
    28  the applicant's fees cover the entire cost of the examination
    29  and administration. Cost is all contractual charges relating to
    30  the preparing, administering, grading and recording of the
    19830S1112B1968                 - 13 -

     1  examination.
     2  Section 10.  Refusal to issue; revocation; etc.
     3     The board may refuse to issue and may suspend or revoke a
     4  license of any person or applicant by a vote of at least a
     5  majority of the members of the board for any of the following
     6  reasons:
     7         (1)  The practice of any fraud, misrepresentation or
     8     concealment in obtaining or attempting to obtain a license or
     9     renewal thereof.
    10         (2)  A violation of this act or noncompliance with the
    11     rules and regulations promulgated by the board under this
    12     act.
    13         (3)  Aiding or abetting any person in the violation of
    14     this act or noncompliance with the rules and regulations
    15     promulgated by the board.
    16         (4)  Being convicted of a felony or misdemeanor of the
    17     first or second degree in any court of the United States or
    18     of any state within ten years prior to the date of
    19     application for licensure.
    20         (5)  Unprofessional conduct as defined by the rules and
    21     regulations adopted by the board.
    22         (6)  The practice of fraud or deceit in connection with
    23     services rendered as an audiologist, speech-language
    24     pathologist or teacher of the hearing impaired.
    25  Section 11.  Hearing; restoration to practice.
    26     (a)  Hearings.--Any person licensed by the board or an
    27  applicant for licensure by the board who is affected by action
    28  of the board for any of the reasons referred to in section 10,
    29  shall be cited by the board with a copy of the reasons and
    30  shall, upon request, have a hearing before the board or before a
    19830S1112B1968                 - 14 -

     1  hearing officer appointed by the board.
     2     (b)  Procedure.--At any hearing the licensed person or
     3  applicant shall have the right to appear personally with or by
     4  legal counsel, to cross-examine witnesses appearing against him
     5  and to produce witnesses and evidence in his own behalf. The
     6  board may subpoena witnesses and documentary evidence on its own
     7  behalf, and, if requested by the licensed person or applicant,
     8  shall subpoena witnesses and documents on his behalf. The board
     9  may administer oaths, examine witnesses and compel testimony. A
    10  record of the hearing shall be made by the board and a copy
    11  furnished to the licensed person or applicant upon payment of a
    12  reasonable charge.
    13     (c)  Decision.--The revocation or suspension for any cause of
    14  a license issued by the board may be removed when it shall
    15  appear to the board to be just and proper. Upon any removal of
    16  the revocation or suspension of license by the board, the name
    17  of the licensed person shall be restored and replaced upon the
    18  record in the office of the board.
    19  Section 12.  Requirement of a medical examination.
    20     (a)  Medical examination.--Before an audiologist initiates
    21  aural rehabilitation for an individual, there shall be a medical
    22  examination verifying that there are no diseases of the ear
    23  requiring medical or surgical treatment.
    24     (b)  Waiver.--This section does not apply if an individual
    25  signs a written waiver as set forth in this section. The waiver
    26  must be read and explained in such a manner that the individual
    27  will be thoroughly aware of the consequences of signing the
    28  waiver. The waiver form shall read as follows:
    29         I have been advised by (audiologist's name) that the
    30     Commonwealth of Pennsylvania has determined that my best
    19830S1112B1968                 - 15 -

     1     health interest would be served if I had a medical
     2     examination by a licensed physician before the initiation of
     3     aural rehabilitation. I do not wish a medical examination
     4     before the initiation of aural rehabilitation.
     5                                    ______________________________
     6                                    Signature                 Date
     7  Section 13.  Renewal fees; records.
     8     Renewal of licenses shall be on a biennial basis. The fee for
     9  renewal of a license shall be as determined by the board after    <--
    10  consultation with the commissioner IN ACCORDANCE WITH SECTION     <--
    11  8(A). A record of all speech-language pathologists, audiologists
    12  and teachers of the hearing impaired licensed to practice in
    13  this Commonwealth shall be maintained in the office of the board
    14  and published at the discretion of the board. The board shall
    15  suspend any license for nonpayment of fees until the license is
    16  renewed properly.
    17  Section 14.  Limitation of renewal time; new license.
    18     Any person who fails to renew his license within five years
    19  after the date of its expiration may not renew it, and it may
    20  not be restored, reissued or reinstated thereafter, but the
    21  person may apply for and obtain a new license if he meets the
    22  requirements of this act.
    23  Section 15.  Display of license.
    24     A license issued under this act shall be posted conspicuously
    25  at all times in the office or place of business of the licensee.
    26  Section 16.  Certification to the board.
    27     Every organization or corporation which engages in the
    28  practice of speech-language pathology, audiology or teaching of
    29  the hearing impaired by the employment of individuals licensed
    30  under the provisions of this act shall file with the board, on a
    19830S1112B1968                 - 16 -

     1  form approved by the board, a certification that it submits
     2  itself to the rules and regulations of the board and the
     3  provisions of this act which the board shall consider applicable
     4  to it.
     5  Section 17.  Enforcement of certification to board.
     6     No license or renewal of license shall be issued by the board
     7  to any individual engaging in the practice of speech-language
     8  pathology, audiology or teaching of the hearing impaired with a
     9  corporation, partnership, trust, association, company or other
    10  similar forms of organization which have failed to comply with
    11  section 16.
    12  Section 18.  Penalties.
    13     Whoever violates any provision of this act is guilty of a
    14  misdemeanor, shall be prosecuted by the board or its agents and
    15  upon conviction shall be sentenced to imprisonment for not more
    16  than six months or to pay a fine of not less than $100 nor more
    17  than $1,000, or both. Each violation shall be deemed a separate
    18  offense. Fines collected under the provisions of this act shall
    19  be paid into the State Treasury for the use of the Commonwealth.
    20  Section 19.  Injunction against unlawful practice.
    21     After 12 months from the effective date of this act, it shall
    22  be unlawful for any person to practice or attempt to offer to
    23  practice audiology, speech-language pathology or teaching the
    24  hearing impaired without holding a valid unrevoked and
    25  unsuspended license issued under this act. The unlawful practice
    26  of audiology, speech-language pathology or teaching the hearing
    27  impaired may be enjoined by the courts on petition of the board
    28  or its agents. In any proceeding it shall not be necessary to
    29  show that any person is individually injured by the complained
    30  of actions. If the respondent is found guilty of the unlawful
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     1  practice, the court shall enjoin him from practicing until he
     2  has been duly licensed. Procedure in these cases shall be the
     3  same as in any other injunction suit. The remedy by injunction
     4  is in addition to criminal prosecution and punishment.
     5  Section 20.  Appropriation.
     6     The sum of $75,000, or as much thereof as may be necessary,
     7  is hereby appropriated from the Professional Licensure
     8  Augmentation Account within the General Fund to the Bureau of
     9  Professional and Occupational Affairs in the Department of State
    10  for the establishment and operation of the State Board of
    11  Examiners in Speech-Language and Hearing.
    12  Section 21.  Effective date.
    13     This act shall take effect in 60 days.












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